If this is your first visit, be sure to
check out the FAQ by clicking the
link above. You may have to register
before you can post: click the register link above to proceed. To start viewing messages,
select the forum that you want to visit from the selection below.

Two different companies filed H1B petitions

Hi. My friend got a situation and looking for an answer. Two different companies filed h1-b petitions for her last year and both got picked. Both received rfe. Her current employer responded rfe in November and the other one in December. She got approval for the second one recently, while the first is still pending. The start date is oct 2017, which is already crossed. But that job offer expired since they waited long enough for her to join. She has to do amendment for this approved visa with her current client in order to continue her current job. But her main priority is with her first employer since that doesn’t need any amendment as they filed with her current client’s location. Can she wait until this petition decision and withdraw the first approved one? Even after it crossed start date?

1. The start date listed doesn’t matter. It’s the approved date that matters since we are well past October 1. However, once her H-1B was approved, her status changed to H-1B. She is no longer in F-1 status and is supposed to start working for her H-1B employer pretty soon if she doesn’t want to risk falling out of status.
2. The approval of the first H-1B puts her in a legal predicament. Simple approval of the first employer’s petition now may not authorize her to work for them since the other petition was approved first. Your friend needs to speak with an immigration attorney to figure this one out.